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CEREBRAL PALSY LEGAL FAQS

When a child is diagnosed with cerebral palsy, it can be an emotional time for the entire family. Parents of children with cerebral palsy may, at first, feel overwhelmed and unsure of how to provide the best possible care for their child’s special needs. But, with the help of a qualified cerebral palsy lawyer, parents may discover they are entitled to a lifetime of benefits for their child — benefits in the form of financial compensation to cover things like specialized treatments, in-home care and more.

If your child has been diagnosed with cerebral palsy, an experienced attorney can help you determine whether it was caused by medical malpractice; and if so, can help you and your family recover damages.

Below we have answered some of the most commonly asked questions regarding cerebral palsy and medical malpractice. We hope we answer some of your questions here. For more detailed information or to consult with an experienced cerebral palsy lawyer about your legal rights, please contact us today.

Q: My child was diagnosed with cerebral palsy; how do I know if it was caused by a medical mistake?
A: The best way to determine whether medical malpractice contributed to your child’s cerebral palsy is by working with an experienced cerebral palsy lawyer and his/her team of medical experts. The first step is a consultation in which an attorney will ask you detailed questions about your child’s birth, such as:

  • Were there any signs of problems before, during or immediately following delivery?
  • How did your doctor/nurse respond to the situation?
  • Was CPR and/or oxygen therapy administered after birth?
  • Were specialists called into the delivery room to care for your child?
  • Was your baby transferred to a neonatal intensive care unit (NICU)?
  • Did your baby require a brain scan or any other special tests upon birth?
  • Were forceps or vacuum extractions used?
  • Did your child suffer seizures in the first few days of life?

Following a private and confidential consultation, if our attorneys believe that you may have a case and you decide to move forward, an investigation may be opened to further evaluate what went wrong and who is at fault.

Q: What do I need to do to start a cerebral palsy lawsuit?
A: The first step to seeking damages from the responsible parties is contacting a qualified attorney, experienced specifically in medical malpractice claims. Once you consult a lawyer and it is determined that you have a legitimate case, he/she will explain all your legal options in depth and will walk you through the process. From there, your attorney will act as your advocate and do everything he or she can to ensure you recover the maximum amount of financial compensation possible.

Q: How much will it cost to hire an attorney and pursue a lawsuit?
A: Our cerebral palsy lawyers only accept cases we believe have true merit. Because of this, we do not charge a fee unless we win the case. This way parents can focus on taking care of their affected children without the added stress of attorney fees.

Q: When should I contact an attorney?
A: We understand that when a child is diagnosed with cerebral palsy, the last thing a parent wants to do is start a long, drawn-out legal battle. But, it is important to keep in mind that there are time limits (which vary by state) on how long after a diagnoses is made that you can file a lawsuit. To be sure you don’t miss your window of opportunity, you should contact an attorney as soon as you find out your child is diagnosed. Even if you are unsure whether medical malpractice played a role, you should still call as soon as possible.

Q: What is medical malpractice?
A: The term medical malpractice refers to mistakes made by medical professionals that lead to physical injuries and/or death. These mistakes can be made by any number of medical professionals, including doctors, nurses, anesthesiologists, midwives and more; and can be caused by a number of things such as:

  • Failure to communicate with staff or patient
  • Failure to react to an emergency situation in time
  • Failure to perform an emergency C-section when required
  • Failure to properly use vacuum extraction or forceps
  • Fatigue that results in actions that don’t live up to normal standards of care

Q: How much money can I expect to recover?
A: No two cases are the same, so every recovery varies and depends upon several factors such as who was at fault and how intense the injury is. Settlements and awards in these types of claims usually cover damages such as:

  • Past, present and future medical bills
  • Costs for ongoing treatment and in-home care
  • Future living expenses as the child grows to be an adult
  • Range of therapies to help teach the child how to live a successful life
  • Emotional pain and suffering for child and parents

These are just some of the questions we are asked frequently by parents just like you. If your child has been diagnosed with cerebral palsy and you would like to find out more about your right to financial compensation, please contact us today.

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